Final Report of the Hearing Officer — Thermal Systems (AT.39960)
Date: 2017-02-28
Institutions: European Commission
Subjects: European Economic Area, cartel, control of restrictive practices, electronic device, market-sharing agreement, motor car, price agreement, vehicle parts








C_2017169EN.01001801.xml










30.5.2017   


EN


Official Journal of the European Union


C 169/18





Final Report of the Hearing Officer (1)

Thermal Systems
(AT.39960)
(2017/C 169/14)
On 21 December 2015, the European Commission initiated proceedings pursuant to Article 11(6) of Regulation (EC) No 1/2003 (2) and Article 2(1) of Commission Regulation (EC) No 773/2004 (3) in respect of six undertakings: Denso (4), Valeo (5), BEHR (6), Sanden (7), Panasonic (8) and Calsonic (9) (together ‘the ‘parties’).
Following settlement discussions and settlement submissions in accordance with Article 10a(2) of Regulation (EC) No 773/2004, the European Commission notified a statement of objections on 16 January 2017 to the parties.
According to that statement of objections, the parties participated in one or more of four single and continuous infringements of Article 101 TFEU and Article 53 of the EEA Agreement concerning thermal systems for passenger cars between 2004 and 2009.
The parties confirmed pursuant to Article 10a(3) of Regulation (EC) No 773/2004 that the statement of objections reflected the contents of their settlement submissions.
The Commission’s draft decision finds that the parties infringed Article 101 TFEU and Article 53 of the EEA Agreement by participating in one or more of four single and continuous infringements consisting of price coordination or market coordination with regard to sales of thermal systems components for passenger cars to a number of car manufacturers in the EEA. Between them these infringements covered the period from 2004 to 2009.
In accordance with Article 16 of Decision 2011/695/EU, I have examined whether the draft decision deals only with objections in respect of which the parties have been afforded the opportunity of making known their views, and I have come to a positive conclusion.
In view of the above, and taking into account that the parties have not addressed any requests or complaints to me (10), I consider that the effective exercise of the procedural rights of all participants to the proceedings in this case has been respected.

Brussels, 28 February 2017.

Joos STRAGIER




(1)  Pursuant to Articles 16 and 17 of Decision of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (OJ L 275, 20.10.2011, p. 29) (‘Decision 2011/695/EU’).

(2)  Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4.1.2003, p. 1).

(3)  Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty (OJ L 123, 27.4.2004, p. 18) (‘Regulation (EC) No 773/2004’).

(4)  Denso Corporation, Denso Europe B.V., Denso Automotive Deutschland GmbH and Denso Sales UK, Ltd (together ‘Denso’).

(5)  Valeo S.A., Valeo Klimasysteme GmbH, Valeo GmbH, Valeo Systèmes Thermiques S.A.S. and Valeo Japan Co. Ltd (together ‘Valeo’).

(6)  MAHLE Behr GmbH & Co. KG (‘BEHR’).

(7)  Sanden Holdings Corporation and Sanden International (Europe), Ltd (together ‘Sanden’).

(8)  Panasonic Corporation (‘Panasonic’).

(9)  Calsonic Kansei Corporation (‘Calsonic’).

(10)  Under Article 15(2) of Decision 2011/695/EU, parties to the proceedings in cartel cases which engage in settlement discussions pursuant to Article 10a of Regulation (EC) No 773/2004, may call upon the hearing officer at any stage during the settlement procedure in order to ensure the effective exercise of their procedural rights. See also paragraph 18 of Commission Notice 2008/C 167/01 on the conduct of settlement procedures in view of the adoption of Decisions pursuant to Article 7 and Article 23 of Council Regulation (EC) No 1/2003 in cartel cases (OJ C 167, 2.7.2008, p. 1).